Dáil debates

Thursday, 1 December 2016

12:45 pm

Photo of Joan CollinsJoan Collins (Dublin South Central, Independent) | Oireachtas source

The report on the scheme, which was overseen by the judge, can only be read as a defence of the uniquely Irish practice of non-emergency symphysiotomy. It serves to diminish survivors' claims that the substitution of non-emergency symphysiotomy for caesarean section without consent, as practised in Ireland, violated many women's human rights. The report deliberately over-emphasised the fact that a number of applicants could not satisfy the judge that symphysiotomy caused lifelong disability. This is not - and never was - the point. Leaving aside the fact that 35% of applicants could prove lifelong disability, the violation carried out on these women during labour is beyond a doubt an infringement of their human rights. Last year, the United Nations Human Rights Committee found that symphysiotomy, as practised in Ireland, constituted torture and cruel, inhumane and degrading treatment in circumstances where patient consent was never sought.

There is a continuing suggestion in this report that survivors were lying, mistaken or deluded about what happened to them. This disgrace is without evidence. There is clearly an attempt to create an impression that the suffering is less than what the survivors claim. Let us not forget that the scheme denied the women a chance to give their oral testimony. Instead of addressing these matters in a mature way, the report serves to diminish the suffering caused. The report undermines and demeans the experience of these women. I believe it is an attempt to undermine the women by concentrating on unsuccessful applicants and brushing over the fact that 70% of applicants applied successfully to the scheme. The scheme's burden of proof made it difficult, if not impossible, for some women to prove their case. It demanded absolute certainty. For unsuccessful women, who have no right of appeal, this report has added insult to injury.

I call for the report to be withdrawn and I request that the Minister also call for it its withdrawal. If not, at least allow a debate in the Dáil on the report to be discussed by the Business Committee. If we can discuss it we can then make a decision on whether the report should be accepted.

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